JUDGMENT

N.S. Shekhawat, J.

The present appeal challenges the impugned judgment of conviction and order of sentence dated 03.12.2003 passed by the learned Special Judge, Amritsar, whereby, the present appellant was convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'the NDPS Act) and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- alongwith default stipulation.

2. The prosecution story, as it emerges from the report under Section 173 Cr.P.C., is that on 11.03.1996, SI Kulwinder Singh alongwith other police officials was present on canal bridge in the area of village Thathgarh in connection with patrolling on a Government gypsy, he received a secret information that the accused Ashwani Kumar @ Parontha son of Badri Nath was indulged in selling smack in the area of Police Station Jhabal and on that day he was coming to that area of Thathgarh to sell smack. SI/SHO Kulwinder Singh had set up a naka and directed his companions to remain alert and after some time one person was seen coming on foot on the bank of canal and he was asked to stop by him by using the light of the torch. The person stopped and the police team encircled him and asked about his name and address and the accused disclosed his name to be Ashwani Kumar @ Parontha son of Badri Nath resident of Nevi Abadi Mohalla Ghumiaran Chotta Haripura. On this, the complainant raised the suspicion that he was in possession of some intoxicant article and his personal search was to be effected. He gave him an offer that he could get his personal search conducted through him or through a gazetted police officer. The accused told that he wanted to get his search conducted through a gazetted police officer and on this Sukhbir Singh, the Deputy Superintendent of Police, Police Lines, Tarn Taran was informed to reach at the spot on a wireless message. The complainant tried to join independent witnesses, but no one was prepared to join. After some time, Sukhbir Singh, the Deputy Superintendent of Police, Police Lines Tarn Taran reached at the spot at a Government vehicle alongwith his staff. The Deputy Superintendent of Police disclosed his identity to that person and asked as to whether he wanted to get his personal search conducted in his presence. The personal search of Ashwani Kumar @ Parontha, accused was made by the complainant. During this process, smack wrapped in a glazed paper was recovered from the bag held by the accused in his right hand and the accused was asked about the licence for carrying the smack. Ashwani Kumar @ Parontha accused could not produce any licence regarding his possession of smack and out of the recovered smack, 20 gms of smack was put in a small plastic box as sample and the remaining smack weighed as 500 grams and was put into a plastic box with a glazed paper. The bag containing sample and the remainder of the quantity were kept in separate sealed parcel with the seal of the Deputy Superintendent of Police bearing initials 'SS'. The separate parcels were prepared and the seals after its use were handed over to SI Shamsher Singh. Consequently, by keeping in his possession 520 grams of smack without any licence or permit, the accused had committed the offence under Section 22 of the NDPS Act.

3. After registration of the FIR, the necessary investigation was conducted and the challan was presented against the accused in the competent Court. Finding prima-facie case against the accused, the accused was ordered to be charge-sheeted under Section 22 of the NDPS Act, to which, he pleaded not guilty and claimed trial.

4. In order to bring home the guilt of the accused, the prosecution examined four witnesses.

5. HC Makhan Singh was examined as PW1 and his evidence was formal in nature. The Deputy Superintendent of Police, Sukhbir Singh, was examined as PW2, who stated that he reached the spot on getting the information with regard to the prese